Right Split Over Mirandizing Times Square Suspect

Naturalized American citizen Faisal Shahzad, arrested late last night
for the failed car bomb in Times Square, is in U.S. custody. Should
he be read his Miranda rights? The question has a complicated recent
history in U.S. policy.

In December, the Nigerian Umar Farouk
Abdulmutallab was Mirandized after his failed attempt to blow up a U.S.
flight, which provoked outrage among some Republican legislators.
Critics insisted that the Miranda reading made Abdulmutallab less likely
to share intelligence, although administration officials say he
continued speaking openly. The current rift among some conservatives
over Shahzad's Miranda rights reveals a tension within the party between
two core issues: Civil liberties, which is emphasized by those saying
Shahzad's rights as a citizen must be respected, and national security,
which some Republicans say is better served by not Mirandizing.

Conservatives
For Mirandizing

Glenn Beck: Read Him His Rights On Fox
& Friends, Glenn Beck said, "He's a citizen of the United States, so
I say we uphold the laws and the Constitution on citizens." Fox New's
Brian Kilmeade pushed back, calling Shahzad "a threat to the country."
Beck sighed, "So are a lot of citizens. If you're a citizen, you obey
the law and follow the Constitution. He has all the rights, under the
Constitution." He added, "We don't shred the Constitution when it's
popular. We do the right thing." Kilmeade suggested that Beck's approach
could risk the lives of his family. Here's the video:

The
Constitution Is Clear RedState's Moe Lane writes, "This isn’t a
case of a non-citizen captured overseas as an illegal combatant, or even
one of a non-citizen captured here: there are existing
Constitutional mechanisms in place." He cites Article III, which reads,
"Treason against the United States, shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and
comfort. No person shall be convicted of treason unless on the testimony
of two witnesses to the same overt act, or on confession in open
court."

How This Is Different From Abdulmutallab
Conservative blogger Ed Morrissey explains,
"Shahzad is an American citizen, arrested by law enforcement in America.
As a US citizen, Shahzad has the right to remain silent. In that sense,
he differs from the [Umar Farouk Abdulmutallab], who attempted to enter
the country (our airspace) to conduct a sabotage mission for an enemy
of the US. Ambdulmuttalab should have immediately been taken into
custody by military and intelligence agencies, not the FBI, in order to
make his status as an enemy combatant clear. "

Conservatives
Against Mirandizing

Sen. John McCain: 'Serious Mistake' Appearing
on the radio show Imus In The Morning, McCain warned, "Obviously that
would be a serious mistake...at least until we find out as much
information we have. ... Don't give this guy his Miranda rights until we
find out what it's all about."

Rep. Peter King: Should Have Talked to Intelligence Community First The New York Republican worries,
"Did they Mirandize him? I know he’s an American citizen but still. ...
I hope that if they did read him his rights and if they are going for
an indictment as opposed to a tribunal that he did discuss it with the
Director of National Intelligence, the Central Intelligence Agency, all
the component parts of the intelligence community."

Sen. Joe
Lieberman: Remove His Citizenship Appearing on Fox News, the
Connecticut Independent suggested
a process to strip "American citizens who choose to become
affiliated with foreign terrorists" of their U.S. citizenship, which
would presumable include their Miranda rights. He asked "whether they
should not also be deprived automatically of their
citizenship, and therefore be deprived of rights that come with that
citizenship when they are apprehended and charged with a terrorist act."

This article is from the archive of our partner The Wire.

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